Allowed

Rahul and Anothr v. State of U.P.

Allahabad HC3 Dec 2022BAIL/43231/2022

Case brief

AI extract

What is this about?

Bail application filed by applicants in pending criminal trial involving offences under Sections 308/34 IPC. Court allowed bail citing no material change in facts compared to prior grant and observed applicants made out a case for bail.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each; conditional on cooperation and no tampering with evidence.

Rahul and Anothr Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43231 of 2022

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Applicant :- Rahul And Anothr Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.,Mahendra Bahadur Singh

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants; Sri Mahendra Bahadur Singh, learned counsel for the informant; learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.643 of 2018, under Sections 308/34 I.P.C., P.S. Gursahaiganj, District Kannauj, during pendency of trial.

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It is argued by learned counsel for the applicants that earlier F.I.R. was lodged under Sections 325, 506, 302, 323 I.P.C. against the applicants and they applied for bail in aforesaid sections and Co-ordinate Bench of this Court vide order dated 25.08.2022 released the applicant on bail. It has further been argued that during trial, the court below framed charge under Section 308/34 I.P.C. The facts of the case and the statement has not changed and only charge has been framed under Section 308/34 I.P.C., while applicant has been granted bail under Section 302 I.P.C. and other sections. They are languishing in jail since 25.02.2019 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. and counsel for the informant opposed the bail prayer of the applicants but could not dispute the facts narrated by counsel for the applicants.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, Rahul and Kalectar be released on bail on their furnishing a personal bond and two sureties each in the

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like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.12.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.03 17:59:28 IST Reason: Location: High Court of Judicature at Allahabad

Rahul and Anothr v. State of U.P.

Case brief

What is this about?

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Rahul and Anothr v. State of U.P.

Case brief

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